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HENNA v. SEC, INC.

No. BI-187.

488 So.2d 872 (1986)

Robert HENNA, Appellant, v. SEC, INC., and Aetna Commercial Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

May 13, 1986.

Attorney(s) appearing for the Case

Vicki L. Stolberg, of Barrs, Williamson and Levens, Tampa, for appellant.

Susan W. Fox and Richard R. Crooke, of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellees.

BARFIELD, Judge.

In this case the claimant was injured in a work-related accident on February 15, 1980 and has now been determined to be permanently totally disabled. Permanent total disability is not contested, but claimant contends the deputy erred in apportioning out of the disability benefits 95% of the award based on a preexisting impairment. We agree. Apportionment in this case is governed by chapter 440, Florida Statutes (1979), and the holding in

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